After 15 Years Apart Supreme Court Grants Divorce & Orders 1.25 Crore Alimony to Wife and Son
- prime8legal
- Sep 24
- 2 min read
OVERVIEW OF THE CASE
The Supreme Court of India recently addressed a long-pending marital dispute where the couple had lived separately for over 15 years. Key highlights include:
The Court granted divorce citing irretrievable breakdown of marriage.
The husband was directed to pay ₹1.25 crore as permanent alimony to the wife and son.
The ruling emphasized justice, fairness, and closure after prolonged litigation.
The Court’s approach balanced both financial support & recognition of marital separation.
GENERAL IMPLICATIONS ON OTHER MATTERS
This ruling sets significant precedents:
Irretrievable breakdown may be a strong ground for divorce in prolonged separations.
Courts are inclined to consider children’s welfare while deciding alimony.
The judgment reflects the need for financial security of dependent spouses post-divorce.
It signals greater judicial efficiency in long-pending matrimonial disputes.
DETAILED LEGAL ANALYSIS
The Supreme Court’s decision showcases evolving family law jurisprudence in India:
Doctrine of Irretrievable Breakdown: Though not formally codified under Hindu Marriage Act, the Court used its powers under Article 142 of the Constitution to dissolve marriage for complete justice.
Alimony Calculation: The Court assessed financial status, living conditions, and long-term needs of both wife and son before fixing the lump-sum alimony.
Balancing Rights: While ensuring justice to the wife and son, the Court also recognized the husband’s right to move forward after prolonged separation.
Judicial Policy Shift: This ruling strengthens the trend of granting closure and financial fairness in dead marriages.
HOW PRIME 8 LEGAL CAN HELP
At Prime 8 Legal, we specialize in divorce, alimony, and matrimonial litigation across India and globally. We assist clients with:
Filing and defending divorce petitions.
Negotiating and litigating alimony/maintenance disputes.
Protecting children’s rights in custody and support cases.
Cross-border divorce and NRI matrimonial issues.
Crafting strategic settlements to avoid prolonged litigation.
Our team operates in Gurgaon, Delhi, Mumbai, Pune, Bangalore, Chennai, and provides legal and corporate advisory worldwide.
FAQs
Q1. What is irretrievable breakdown of marriage?
It means a marriage where both parties cannot live together anymore, and there’s no chance of reconciliation. Courts sometimes grant divorce on this ground under extraordinary powers.
Q2. How is alimony calculated in India?
Alimony depends on the husband’s income, assets, lifestyle of the wife, duration of marriage, and needs of children. Courts may order monthly or lump-sum payments.
Q3. Can Supreme Court grant divorce even if one party opposes?
Yes, under Article 142, the Supreme Court can dissolve marriages in cases of irretrievable breakdown, even if one spouse contests.
Q4. Is ₹1.25 crore alimony common in India?
It varies case to case. High alimony is usually awarded where the husband has strong financial standing, ensuring wife and child’s security.
Q5. Can NRIs claim or contest alimony in India?
Yes, NRIs can file or defend matrimonial disputes in Indian courts, including claims of maintenance and alimony.
If you are facing a divorce, alimony, or matrimonial dispute, Prime 8 Legal can provide expert guidance tailored to your situation.
📍 Address: 318-B, Saraswati Kunj, Sector 53, Golf Course Road, Gurgaon 122003, India
📞 Phone: +91-9717586165
📧 Email: prime8legal@gmail.com
👉 Contact us today for a confidential consultation on divorce and alimony matters.
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